RAJKUMAR SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 21-1-2004 passed by 4th Additional Sessions Judge, Bilaspur in Sessions Trial No.155/2003. By the impugned judgment, accused/appellant Rajkumar Soni has been convicted and sentenced in the following manner with a direction to run the sentences concurrently: <IMG>JUDGEMENT_45_CRIMES1_2013IMAGE1.jpg</IMG>

(2.) CASE of the prosecution, in brief, is as under: On 30-4-2002, the appellant forcibly took prosecutrix Kumari Sarita Dewangan (PW-1) to Pithampur (Indore) and kept her there at the house of his friend. The appellant committed sexual intercourse with her there without her consent. The appellant kept her there for about 8 months. Smt. Gita (PW-2), mother of the prosecutrix lodged First Information Report (Ex.P- 9) in Police Station City Kotwali, Bilaspur, where offence under Sections 363, 366 and 376 IPC was registered against the appellant. The prosecutrix wrote a letter from Pithampur to her mother Smt. Gita (PW-2). After receiving information, police went to Pithampur along with Toran Kumar Dewangan (PW-3), Jugut Dewangan and Ramnath Dewangan. The prosecutrix was recovered from the possession of the appellant at the rented house of Indrajeet Choudhary (PW-7) situated at Village Dhannad, Police Station Pithampur. Recovery Panchnama (Ex.P- 1) was prepared and the prosecutrix was taken back to Bilaspur. She was sent to District Hospital Bilaspur for medical examination. Dr. CM. Tiwari (PW-8) examined the prosecutrix and gave his report (Ex.P-3). Dr. S. Chatterjee (PW-11) examined the prosecutrix regarding determination of her age and gave his report (Ex.P-20), in which, he found that age of the prosecutrix, on the date of examination, was 18 years. The appellant was sent to Chhattisgarh Institute of Medical Sciences, Bilaspur for medical examination vide Ex. P10. Dr. R.K. Gupta (PW-12) examined the appellant and gave his report (Ex.P-22). During investigation, spot-map (Ex.P-4) was prepared. An inland letter was seized vide Ex.P-6. School Transfer Certificate was seized vide Ex.P-7. Underwear of the prosecutrix and her vaginal slide were sent to Forensic Science Laboratory, Raipur for chemical examination vide Ex.P-16. Report (Ex.P-18) was received therefrom vide Ex.P-17. In Ex.P-18, article A, i.e., slide and article B, i.e., underwear were not found containing spermatozoa. Evidence of witnesses were recorded under Section 161 Cr.P.C. After completion of the investigation, charge-sheet was filed against the appellant in the Court of Chief Judicial Magistrate, Bilaspur, who, in turn, committed the case to the Court of Session at Bilaspur, from where it was received on transfer by the learned 4th Additional Sessions Judge, Bilaspur, who conducted the trial and acquitted the appellant of the charge under Section 376 IPC and convicted and sentenced him as mentioned above.

(3.) SHRI Sandeep Yadav, learned Deputy Government Advocate for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Additional Sessions Judge do not warrant any interference by this Court.